[House Report 110-244]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-244
======================================================================
MULTINATIONAL SPECIES CONSERVATION FUNDS REAUTHORIZATION ACT OF 2007
_______
July 23, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 50]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 50) to reauthorize the African Elephant Conservation
Act and the Rhinoceros and Tiger Conservation Act of 1994,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multinational Species Conservation
Funds Reauthorization Act of 2007''.
SEC. 2. REAUTHORIZATION AND AMENDMENT OF AFRICAN ELEPHANT CONSERVATION
ACT.
(a) Notice of Approval of Project Proposal.--Section 2101(c) of the
African Elephant Conservation Act (16 U.S.C. 4211(c)) is amended by
striking ``and to each country within which the project is proposed to
be conducted''.
(b) Administrative Expenses.--Section 2306(b) of the African Elephant
Conservation Act (16 U.S.C. 4245(b)) is amended by striking ``$80,000''
and inserting ``$100,000''.
(c) Authorization of Appropriations.--Section 2306(a) of the African
Elephant Conservation Act (16 U.S.C. 4245(a)) is amended by striking
``2001, 2002, 2003, 2004, 2005, 2006, and 2007'' and inserting ``2007
through 2012''.
SEC. 3. REAUTHORIZATION AND AMENDMENT OF RHINOCEROS AND TIGER
CONSERVATION ACT OF 1994.
(a) Notice of Approval of Project Proposal.--Section 5(c) of the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5304(c)) is
amended in the third sentence by striking ``, to the Administrator, and
to each country within which the project is to be conducted'' and
inserting ``and to the Administrator''.
(b) Administrative Expenses.--Section 10(b) of the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5306(b)) is amended by
striking ``$80,000'' and inserting ``$100,000''.
(c) Authorization of Appropriations.--Section 10(a) of the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5306(a)) is amended by
striking ``2001, 2002, 2003, 2004, 2005, 2006, and 2007'' and inserting
``2007 through 2012''.
Purpose of the Bill
The purpose of H.R. 50, as ordered reported, is to
reauthorize the African Elephant Conservation Act and
Rhinoceros and Tiger Conservation Act of 1994.
Background and Need for Legislation
H.R. 50, the Multinational Species Conservation Funds
Reauthorization Act of 2007, would amend and reauthorize
through 2012 the African Elephant Conservation Act and the
Rhinoceros and Tiger Conservation Act. These acts provide for
the conservation of the rhinoceros, tiger and African elephant,
three wildlife species listed on Appendix I of the Convention
on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) which prohibits any international trade of these
endangered species. Some sub-populations of these species may
be stable or recovering, but most remain extremely vulnerable
in the wild.
Rhinoceros--Between 1979 and 1992, black rhinoceros
declined 96 percent across Asia and Africa, shrinking from over
1 million animals to approximately 2,300. Sumatran rhinos have
continued to decline in the past 18 years with only an
estimated 300 surviving in Malaysia and Indonesia. White rhino,
however, whose population once declined to about 100 animals,
is now thought to have recovered to an estimated population of
11,000. All five rhino species remain subjected to intense
poaching to supply the illegal global black market for rhino
horn used mostly in Asian medicine.
Tiger--Once abundant throughout Asia, wild tigers now
number between 5,000 to 7,000 animals and live in fragmented
groups, mostly in protected forests, refuges and national
parks. Recent surveys indicate that the South China Tiger may
become extinct. Tiger populations remain subject to severe
poaching pressure and illegal hunting to fuel a lucrative
international trade in tiger and tiger parts, mostly in Asia
for traditional medicines.
African Elephant--Populations plummeted from an estimated
10 million to approximately 500,000 between 1900 and 1990.
Central and East African populations remain highly stressed due
to increased poaching for ``bushmeat'' and illegal ivory
markets, civil war and habitat loss. Southern populations have
stabilized or even recovered. This has heightened hostile
elephant/human interactions and increased interest within some
range states to downlist specific populations to CITES Appendix
II which would allow for permitted trade if it is not
detrimental to the survival of the species in the wild.
H.R. 50 would reauthorize through 2012 two popular
international wildlife conservation acts, providing matching
grants to non-federal conservation partners. This funding will
support field conservation projects, such as scientific
research, habitat enhancement, law enforcement, monitoring and
local community outreach and education benefitting African
elephants, rhinos, tigers and their habitats. Continued funding
is considered essential because future survival in the wild of
these charismatic species remains tenuous due to increased
poaching, escalation in illegal trade, spotty law enforcement
in countries that receive grant funding, habitat loss,
political instability and civil strife within regions where
these animals range, according to witnesses who testified at
the Subcommittee hearing. Despite achievements made under both
programs, current conservation efforts could collapse with the
cessation of U.S. financial involvement. Below is a table
describing total funding, grants awarded, funds used for
administration and total non-federal matching amounts for both
Acts since their enactments.
----------------------------------------------------------------------------------------------------------------
African
Elephant Rhino & Tiger Total
----------------------------------------------------------------------------------------------------------------
Total number of grant proposals received........................ 428 744 1,172
Total number of grant awards.................................... 281 321 602
Percentage of countries with relevant species that receive 100% 82% 94%
grants.........................................................
Total amount appropriated by U.S. Congress...................... $17,383,350 $9,497,141 $26,880,491
Total funds distributed through grants.......................... $16,812,798 $9,304,209 $26,117,007
Total funds spent on administration of grants................... $733,833 $488,335 $1,222,168
Total matching/in-kind funds leveraged through grants........... $71,729,121 $19,377,873 $91,106,994
----------------------------------------------------------------------------------------------------------------
Committee Action
H.R. 50 was introduced on January 4, 2007 by the Ranking
Republican Member of the Natural Resources Committee,
Congressman Don Young (R-AK). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Fisheries, Wildlife and Oceans. On March 13,
2007, the Subcommittee held a hearing on the bill and received
positive testimony from several witnesses, including the
Administration. On March 22, 2007, the Fisheries Subcommittee
met to mark up the bill. The Subcommittee's Ranking Republican
Member, Congressman Henry Brown (R-SC) offered an amendment in
the nature of a substitute to increase from $80,000 to $100,000
the amount authorized under each Act for the Fish and Wildlife
Service to administer the program, and additionally to clarify
notice requirements for approved grants under the Rhinoceros
and Tiger Conservation Act. The amendment was adopted by voice
vote. The bill was then forwarded to the Full Committee as
amended. On June 28, 2007, the Natural Resources Committee met
to consider the committee print of the bill as forwarded by the
Fisheries Subcommittee. Mr. Brown offered two non-controversial
amendments that were considered en bloc under a unanimous
consent motion. The first amendment clarified notice
requirements for approved grants under the African Elephant
Act, and the second amendment corrected flawed punctuation in
the committee print identified by House Legislative Counsel.
The amendments were adopted by unanimous consent. The bill as
amended was then ordered favorably reported to the House of
Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
This section states that the bill may be cited as the
``Multinational Species Conservation Funds Reauthorization Act
of 2007.''
Section 2. Reauthorization and amendment of African Elephant
Conservation Act
This section amends the African Elephant Conservation Act
to increase funding available to the U.S. Fish and Wildlife
Service to administer the program from $80,000 to $100,000 per
year. The section also revises notice requirements for grants
approved by the Secretary of the Interior to eliminate
unnecessary notices to the countries in which the grant
activity will be conducted. The section also amends the act to
reauthorize existing funding levels through fiscal year 2012.
Section 3. Reauthorization and amendment of Rhinoceros and Tiger
Conservation Act of 1994
This section amends the Rhinoceros and Tiger Conservation
Act to make corresponding changes identical to those described
in section 2.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to reauthorize
the African Elephant Conservation Act and Rhinoceros and Tiger
Conservation Act of 1994.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 50--Multinational Species Conservation Funds Reauthorization Act
of 2007
Summary: H.R. 50 would reauthorize appropriations for
projects carried out under the African Elephant Conservation
Act of 1988 and the Rhinoceros and Tiger Conservation Act of
1994. Specifically, the bill would authorize appropriations
through 2012 for such projects at the existing authorization
level of up to $15 million annually. The current authorizations
expire after fiscal year 2007. The Secretary of the Interior
uses this fund primarily to help finance research and
conservation programs overseas.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 50 would result in additional
spending of $68 million over the 2008-2012 period. (An
additional $7 million would be spent after 2012.) Enacting the
legislation would not affect direct spending or revenues.
H.R. 50 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary impact of H.R. 50 is shown in the following table.
The cost of this legislation falls within budget function 300
(natural resources and environment). For this estimate, CBO
assumes that the entire amounts authorized by the bill would be
appropriated for each fiscal year. Outlay estimates are based
on recent spending patterns for this program.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATIONSpending Under Current Law for Multinational Species
Conservation Funds:
Budget Authority............................................ 3 0 0 0 0 0
Estimated Outlays........................................... 3 0 0 0 0 0
Proposed Changes:
Authorization Level......................................... 0 15 15 15 15 15
Estimated Outlays........................................... 0 9 14 15 15 15
Spending Under H.R. 50 for Multinational Species Conservation
Funds:
Estimated Authorization Level............................... 15 15 15 15 15 15
Estimated Outlays........................................... 15 9 14 15 15 15
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 50
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Costs: Deborah Reis and David
Reynolds; Impact on State, Local, and Tribal Governments: Leo
Lex; Impact on the Private Sector: Justin Hall.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 50 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
AFRICAN ELEPHANT CONSERVATION ACT
* * * * * * *
TITLE II--AFRICAN ELEPHANT CONSERVATION
* * * * * * *
PART I--AFRICAN ELEPHANT CONSERVATION ASSISTANCE
SEC. 2101. PROVISION OF ASSISTANCE.
(a) * * *
* * * * * * *
(c) Project Review and Approval.--The Secretary shall review
each project proposal to determine if it meets the criteria set
forth in subsection (d) and otherwise merits assistance under
this title. Not later than six months after receiving a project
proposal, and subject to the availability of funds, the
Secretary shall approve or disapprove the proposal and provide
written notification to the person who submitted the proposal
[and to each country within which the project is proposed to be
conducted].
* * * * * * *
PART III--MISCELLANEOUS
* * * * * * *
SEC. 2306. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund and to the Secretary a total of not to exceed
$5,000,000 for each of fiscal years [2001, 2002, 2003, 2004,
2005, 2006, and 2007] 2007 through 2012 to carry out this
title, to remain available until expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this title, the Secretary may expend
not more than 3 percent or [$80,000] $100,000, whichever is
greater, to pay the administrative expenses necessary to carry
out this title.
* * * * * * *
----------
RHINOCEROS AND TIGER CONSERVATION ACT OF 1994
* * * * * * *
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.
(a) * * *
* * * * * * *
(c) Project Review and Approval.--Within 30 days of receiving
a final project proposal, the Secretary shall provide a copy of
the proposal to the Administrator. The Secretary shall review
each final project proposal to determine if it meets the
criteria set forth in subsection (d). Not later than 6 months
after receiving a final project proposal, and subject to the
availability of funds, the Secretary, after consulting with the
Administrator, shall approve or disapprove the proposal and
provide written notification to the person who submitted the
proposal[, to the Administrator, and to each country within
which the project is to be conducted] and to the Administrator.
* * * * * * *
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund $10,000,000 for each of fiscal years [2001, 2002,
2003, 2004, 2005, 2006, and 2007] 2007 through 2012 to carry
out this Act, to remain available until expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this Act, the Secretary may expend not
more than 3 percent or [$80,000] $100,000, whichever is
greater, to pay the administrative expenses necessary to carry
out this Act.
* * * * * * *